memorandum of understanding between city of … · classifications assigned to unit tm1. unit tm1...
TRANSCRIPT
MEMORANDUM OF UNDERSTANDING
Between
CITY OF OAKLAND
AND
INTERNATIONAL FEDERATION OF PROFESSIONAL & TECHNICAL ENGINEERS,
LOCAL NO. 21 (IFPTE/AFL-CIO)
DEPUTY CITY ATTORNEY UNIT I - IV
July 1, 2013 through June 30, 2015
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BLANK PAGE
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TABLE OF CONTENTS
ARTICLE PAGE NO.
PREAMBLE ................................................................................................................... 10
ARTICLE 1: RECOGNITION ........................................................................................ 11
ARTICLE 2: NON-DISCRIMINATION .......................................................................... 12
2.1 Non-Discrimination ............................................................................................. 12
2.2 Reasonable Accommodation .............................................................................. 12
ARTICLE 3: CITY RIGHTS .......................................................................................... 13
ARTICLE 4: UNION RIGHTS ....................................................................................... 14
4.1 Deductions .......................................................................................................... 14
4.2 Union Access To Work Locations ....................................................................... 14
4.3 Union Representatives ....................................................................................... 14
4.3.1 Stewards ........................................................................................... 14
4.3.2 Negotiating Team .............................................................................. 14
4.4 City-Provided Information ................................................................................... 15
4.5 Labor Relations Committee ................................................................................ 15
4.5.1 Joint Labor/Management Training ...................................................................... 15
4.6 Exempt Limited Term Duration And Temporary Contract Services .................... 15
4.6.1 Definitions ......................................................................................... 15
4.6.2 Information ........................................................................................ 16
4.6.3 Bargaining Unit .................................................................................. 16
4.6.4 Acknowledgment Of City Policy ........................................................ 16
4.6.5 Limitation on Use Annuitants ............................................................. 16
4.7 Add Delete of Budgeted Positions ..................................................... 16
ARTICLE 5: COMPENSATION .................................................................................... 17
5.1 Salary Schedule ................................................................................................. 17
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5.2 Salary Deductions .............................................................................................. 17
5.2.1 Adjustments For Underpayment ........................................................ 17
5.2.2 Adjustments For Overpayments ........................................................ 17
5.2.3 Court Ordered Salary Deductions ..................................................... 17
5.3 Salary Steps ....................................................................................................... 17
5.3.1 Initial Salary ....................................................................................... 17
5.3.2 Deputy City Attorney I – Salary Steps ............................................... 18
5.3.3 Deputy City Attorney II, III, IV – Salary Schedule .............................. 18
5.3.4 Definitions ......................................................................................... 18
5.3.5 Minimum Salary Increase When Promoted ....................................... 18
5.3.6 Consequences Of Failure to Evaluate ............................................... 18
5.4 Premium Pay ...................................................................................................... 19
5.4.1 Special Assignment/Departmental Counsel Premium ....................... 19
5.4.2 Pay For Acting In A Higher Classification .......................................... 19
5.5 Allowances ......................................................................................................... 20
5.5.1 Automobile Allowance ....................................................................... 20
5.5.1.1 Category III .............................................................................. 20
5.5.1.2 Parking Fees ............................................................................ 21
5.5.2 Meal Allowance ................................................................................. 21
5.5.3 Commuter Check .............................................................................. 21
ARTICLE 6: PROFESSIONAL DEVELOPMENT PROVISIONS .................................. 22
6.1 Professional Memberships ................................................................................. 22
6.2 Conferences, Seminars, And Meetings .............................................................. 22
6.3 Mandatory Continuing Education ........................................................................ 23
ARTICLE 7: RETIREMENT .......................................................................................... 24
7.1 Retirement Contributions .................................................................................... 24
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7.1.1 2.7% At 55 ........................................................................................ 24
7.1.2 2.5% At 55 ........................................................................................ 24
7.1.3 Premium Pay Reported to CalPERS ................................................. 24
7.2 Optional Benefits ................................................................................................ 24
7.2.1 Military Service Credited As Public Service ....................................... 25
7.2.2 Public Service Credit for Peace Corps, Americorps VISTA, or Americorps Service .............................................................................................. 25
7.2.3 Final Compensation .......................................................................... 25
7.2.4 Post Retirement Survivor Allowance ................................................. 25
7.2.5 Post-Retirement Survivor Allowance To Continue After Remarriage 26
ARTICLE 8: INSURANCE PROGRAMS ...................................................................... 27
8.1 Medical Insurance .............................................................................................. 27
8.1.1 Medical Insurance Under PEMHCA .................................................. 27
8.1.2 City Contribution To PERS ................................................................ 27
8.1.3 Change In PERS Regulations ........................................................... 27
8.2 Full Medical Insurance Comparable To Rate Charged Under PEMHCA Kaiser Bay Area Plan ..................................................................................................... 27
8.3 Other Benefits For Active Employees ................................................................. 28
8.3.1 Dental Insurance ............................................................................... 28
8.3.2 Vision Care ........................................................................................ 28
8.3.3 Blood Bank ........................................................................................ 28
8.3.3.1 Sponsor ................................................................................... 28
8.3.3.2 Eligibility ................................................................................... 28
8.3.3.3 Program Operation .................................................................. 28
8.3.4 Life Insurance .................................................................................... 29
8.3.5 Disability Insurance ........................................................................... 29
8.3.6 Chemical Dependency Treatment Program ...................................... 29
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8.3.7 Continuation Of Coverage While On Paid Leave .............................. 29
8.3.8 Deferred Compensation Plan ............................................................ 29
8.3.9 Medical And Dependent Care Reimbursement Plan ......................... 29
8.3.10 Maximum Medical And Dependent Care Reimbursement Plan ........ 30
8.3.11 Administrative Fees ........................................................................... 30
8.3.12 Tax Liability For Flexible Spending Benefit ....................................... 30
8.4 Retiree Benefit .................................................................................................... 31
ARTICLE 9: LEAVES OF ABSENCE ........................................................................... 32
9.1 Sick Leave .......................................................................................................... 32
9.1.1 Annual Earned Sick Leave ................................................................ 32
9.1.2 Accumulated Earned Sick Leave ...................................................... 32
9.1.3 Use Of Sick Leave ............................................................................ 32
9.1.3.1 Minimum Usage ....................................................................... 32
9.1.3.2 Family Illness ........................................................................... 32
9.1.3.3 Sick Leave Buy-Back - Leaving City ........................................ 33
9.1.3.4 Annual Sick Leave Sell-Back/Conversion ................................ 33
9.1.3.5 Verification Of Leave ............................................................... 34
9.1.3.6 Return To Work ....................................................................... 34
9.2 School Activities Leave ....................................................................................... 34
9.3 Family Death Leave ............................................................................................ 35
9.3.1 Definition Of Immediate Family ......................................................... 35
9.3.2 Special Circumstances ...................................................................... 35
9.3.3 Entitlement ........................................................................................ 35
9.4 On–The–Job Injury Leave And Compensation ................................................... 35
9.4.1 City Paid Leave Entitlement .............................................................. 36
9.4.1.1 Represented Employee With Less Than One Year ................. 36
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9.4.1.2 Represented Employee With More Than One Year ................. 36
9.4.1.3 Long Term Permanent ............................................................. 36
9.4.1.4 Workers’ Compensation Claim ................................................ 36
9.4.1.5 Physical Examination ............................................................... 37
9.4.1.6 Workers’ Compensation Benefits ............................................. 37
9.4.2 Limited/Modified Duty ........................................................................ 37
9.5 Military Leave ..................................................................................................... 37
9.6 Jury Leave .......................................................................................................... 37
9.7 Family Care And Medical Leave/Pregnancy Disability ....................................... 38
9.8 Leave Of Absence Without Pay .......................................................................... 38
9.9 Disability Insurance ............................................................................................ 38
9.10 Integration Of Disability Insurance Coverage And Paid Leaves ......................... 38
9.11 Professional Leave ............................................................................................. 38
ARTICLE 10: VACATION LEAVE ................................................................................ 40
10.1 Entitlement.......................................................................................................... 40
10.1.1 Extra Vacation Days ........................................................................................... 40
10.2 Accrued Leave .................................................................................................... 40
ARTICLE 11: HOLIDAYS ............................................................................................. 42
11.1 Designated Holidays ........................................................................................... 42
11.2 Christmas Or New Year’s Eve ............................................................................ 42
11.3 Holidays On Regular Day Off ............................................................................. 43
ARTICLE 12: PERMANENT PART-TIME LEAVE BENEFITS ...................................... 44
12.1 Paid Leave .......................................................................................................... 44
12.2 Holidays .............................................................................................................. 44
ARTICLE 13: WORKING CONDITIONS ...................................................................... 45
13.1 Health And Safety ............................................................................................... 45
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13.2 Departmentally Designed Alternative Work Schedules ...................................... 45
ARTICLE 14: PERSONNEL PROVISIONS .................................................................. 46
14.1 Classification Appeals ........................................................................................ 46
14.2 Performance Appraisals ..................................................................................... 46
14.3 Civil Service And Personnel Rules ..................................................................... 47
14.4 Termination ......................................................................................................... 47
14.5 Incompatible, Inconsistent, Or Conflicting Activities ........................................... 47
14.6 Posting Job Openings ........................................................................................ 48
ARTICLE 15: GRIEVANCE PROCEDURE .................................................................. 49
15.1 Definition............................................................................................................. 49
15.1.1 Step 1(a): Informal Discussion ......................................................... 49
15.1.2 Step 1(b): Formal Submission .......................................................... 49
15.1.3 Step 2: Appeal To Assistant City Attorney ....................................... 49
15.1.4 Step 3: Appeal To City Attorney ....................................................... 49
15.1.5 Step 4: Arbitration ............................................................................ 50
15.2 Time Limits ......................................................................................................... 50
15.3 Right Of Representation ..................................................................................... 50
ARTICLE 16: RESOLUTION – DURATION ................................................................. 51
16.1 Savings Clause ................................................................................................... 51
16.2 Duration .............................................................................................................. 52
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APPENDIX A: CLASSIFICATIONS .............................................................................. 53
APPENDIX B: SALARY SCHEDULE ........................................................................... 54
APPENDIX C: MILITARY LEAVE PAY AND BENEFITS ............................................. 55
APPENDIX D: PAY REPORTED TO CalPERS* .......................................................... 57
APPENDIX E: VOLUNTARY LEAVE WITHOUT PAY (VTN) ....................................... 58
APPENDIX F: COBRA FUND SIDE LETTER .............................................................. 59
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PREAMBLE
We, the undersigned, duly appointed representatives of the City of Oakland (“City”) and of Professional and Technical Engineers, Local 21, AFL-CIO (“Union”), a recognized employee organization, having met and negotiated in good faith, jointly prepare and execute on this 24th day of March 2014, the following written Collective Bargaining Agreement. It is understood that the provisions in this Agreement apply to City of Oakland employees officially designated to be members of Representation Unit TM1.
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ARTICLE 1: RECOGNITION
The City agrees to recognize the Union as the exclusive recognized bargaining representative, within the scope of representation as described in the Meyers-Milias-Brown Act, as amended, and the Employee Relations Rules adopted by the City Council pursuant to the Meyers-Milias-Brown Act, for full-time and permanent part-time City employees in classifications assigned to Unit TM1. Unit TM1 shall include all Deputy City Attorneys I – IV. The Union agrees the City may designate specific positions as confidential. TM1 shall not include supervisory attorneys or non-attorneys.
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ARTICLE 2: NON-DISCRIMINATION
2.1 Non-Discrimination
The City and Union agree that they shall not discriminate against any represented employee in any way on account of race, color, creed, religion, sex (pregnancy or gender), sexual orientation, gender identity, national origin, ancestry, political affiliation, disability (mental and physical, including HIV and AIDS), medical condition (cancer/genetic characteristics), age (40 and above), military or veteran status or Acquired Immune Deficiency Syndrome (“AIDS”), AIDS Related Complex (“ARC”), or marital status as provided by applicable federal, state or local law. The City agrees that no employee shall be discriminated against because of Union membership, or protected union activity.
2.2 Reasonable Accommodation
The City will make reasonable accommodation for a represented employee’s known physical or mental disability unless the City demonstrates that the proposed accommodation will produce undue hardship to the City’s operation or that the City is otherwise not obligated to accommodate the represented employee. Reasonable accommodations will be consistent with provisions or this Agreement and of Civil Service Rules that affect the represented employee being accommodated to the extent the law at the time the accommodation is implemented permits. At the request of the Union, the City agrees to discuss a proposed represented employee accommodation with the Union.
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ARTICLE 3: CITY RIGHTS
The City’s rights are stated in Section 4 of Employee Relations Rules Resolution No. 55881.
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ARTICLE 4: UNION RIGHTS
4.1 Deductions
The City shall deduct, biweekly, the amount of Union regular and periodic dues, service fees, and insurance premiums as may be specified by the Union under the authority of an authorization card furnished by the Union and signed by the represented employee.
This deduction, together with a written statement of the names and amounts deducted, shall be forwarded promptly to the Union office.
Dues shall be deducted only for represented employees.
4.2 Union Access To Work Locations
Union officers and representatives shall be granted reasonable access to employee work locations, upon the consent of the City Attorney or designated representative, for the purpose of contacting members concerning business within the scope of representation. Access shall be granted only if it does not interfere with work operations or with established safety and security requirements.
4.3 Union Representatives
4.3.1 Stewards
The Union may select two stewards from the unit and shall provide the City with an accurate list of those stewards on or about each January 1 and July 1.
A steward or Union Officer may represent a represented employee in the grievance procedure under the terms of this Agreement.
A steward or a Union officer shall be offered reasonable time off for the purpose described in this section with the approval of the City Attorney or designated representative. It is recognized that performance of the steward’s or officer’s job duties comes first.
If, in the City’s opinion, a Union steward is failing to maintain a satisfactory level of performance, the City may call that matter to the attention of an appropriate Union official by letter outlining the specifics of the complaint. The Union will act promptly to discuss the matter with the steward in order to resolve the complaint and, failing that, another steward will be designated.
4.3.2 Negotiating Team
The Local 21 City Attorneys’ unit negotiators shall be limited to four represented employees and their professional representatives. Both the City and the Union may on occasion have additional persons attend meetings.
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For example, knowledgeable City employees or subject matter specialists may be invited to negotiation sessions as long as the other party is notified in advance of the individual and the purpose of his/her attendance.
4.4 City-Provided Information
Upon the Union’s written request, the City shall provide, in a timely manner, all information that is necessary and relevant for the Union to discharge its representation duties. Relevant and necessary information shall be determined by applying PERB regulations. Relevant and necessary information includes but is not limited to a list of all represented employees, their names, home addresses, work addresses, classifications, organization code (as listed in the City’s database), rates of pay, and salary schedule information.
4.5 Labor Relations Committee
The City and the Union agree to establish a Labor Relations Committee for the purpose of discussing issues of mutual concern impacting management and represented employees. Each party shall appoint two members of the Labor Relations Committee. The Committee shall have the responsibility for determining when and how often they will meet and for establishing other operating procedures.
The City Attorney agrees that the Union may place the following issues on the Labor Relations Committee agenda:
Equitable advancement on the salary schedule/ranges within the Office of the City Attorney and with other City departments.
A compensation survey comparing employment terms and conditions in the Office of the City Attorney with the terms and conditions in comparable public agencies.
4.5.1 Joint Labor/Management Training
Upon the Union’s request, the City and Union shall co-sponsor eight (8) hours of joint training on the terms of this Agreement, or on related issues, in each year of this Agreement for designated officers, stewards and management personnel. The City shall provide release time for designated officers and stewards to attend such training. The City shall provide release time for designated officers and stewards to attend such training.
4.6 Exempt Limited Term Duration And Temporary Contract Services
4.6.1 Definitions
For the purposes of this Agreement, an “Exempt Limited Duration Employee” position is a position (1) with limited funding cycles of one year or less; (2) for special projects that are longer than 6 months in duration, yet still short-term;
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or (3) where the classification has not yet been created. Exempt Limited Duration Employee appointments may not exceed one year. For the purpose of this Agreement, a “Temporary Contract Service Employee” is a temporary part-time classification not eligible for any compensation other than the hourly wage and not eligible for any benefits except those required by law.
4.6.2 Information
On a monthly basis, the City shall provide the Union with the names, hire dates, departments, and work locations of all Exempt Limited Duration Employees and Temporary Contract Service Employees. Upon request the City shall also provide the Union with the "Temporary Contract Service Employees Review" document or the "Exempt Limited Duration Employee Review" document approving the hiring of the Exempt Limited Duration Employees and Temporary Contract Service employees.
4.6.3 Bargaining Unit
The Union and the City agree that the Union is not the exclusive recognized bargaining representative for Exempt Limited Duration Employees and/or Temporary Contract Service Employees.
4.6.4 Acknowledgment Of City Policy
The Union and the City acknowledge that a Temporary Contract Service Employee may work for a maximum of 960 hours per fiscal year. Similarly, the Union and the City acknowledge that an Exempt Limited Duration Employee may work for no more than one year.
4.6.5 Limitation on Use Annuitants
The City and Union agree that retired represented employee (annuitants) shall not be permitted to work as Exempt Limited Duration or Temporary Contract Service Employees, or otherwise employed in temporary positions, for more than a maximum of 960 hours in total. Use of annuitants shall be limited to training existing City staff and developing operational and procedural manuals.
4.7 Add Delete of Budgeted Positions
The City shall notify the Union of any additions or deletions to budgeted positions (“Add/Delete”) with one (1) week of final approval. Such information shall include the Department, Organization, and classification of such positions. This provision of the MOU shall not be subject to the grievance process.
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ARTICLE 5: COMPENSATION
5.1 Salary Schedule
Wages for represented employees covered by this Agreement shall be increased by two percent (2%) Cost of Living Adjustment (COLA) in FY 2013-2014 effective July 1, 2013. Effective July 1, 2014 represented employees will be increased by one percent (1%) Cost of Living Adjustment (COLA) in FY 2014-2015
5.2 Salary Deductions
5.2.1 Adjustments For Underpayment
Upon verification that a represented employee was underpaid by the City, regardless of fault, the City will within thirty (30) calendar days of discovery adjust the employee’s wages in an amount equal to the underpayment.
5.2.2 Adjustments For Overpayments
In the event the City erroneously overpays a represented employee, regardless of fault, the City shall recover overpayment.
The City will provide written notice to each employee when he/she receives a wage overpayment. The notice will advise the employee of the amount of the overpayment and request that the employee either reimburse the City for the full amount of the overpayment or consent the deduction of the overpayment from the employee’s paychecks. The notice shall also advise employees of the right not to consent provided however, the City may pursue appropriate legal action.
5.2.3 Court Ordered Salary Deductions
If the City is ordered by a court of competent jurisdiction to garnish the wages of any represented employee or if a court of competent jurisdiction orders the City to make payroll deductions from the wages of the employee in favor of the City or a third party, the City shall assess and collect against the employee’s regular salary one dollar ($1.00) per deduction per pay period to compensate the City for the costs of making such court-mandated payroll adjustments.
5.3 Salary Steps
5.3.1 Initial Salary
A represented employee’s initial salary shall be the salary attached to the lowest rate of the salary schedule established for the classification to which the employee is appointed; provided, however, that the City Attorney may appoint a new employee at any rate in the applicable salary schedule for the classification involved if there has been unusual difficulty in recruiting
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competent employees at the lowest rate of the salary schedule and the higher rate is commensurate with the new employee’s education and experience.
5.3.2 Deputy City Attorney I – Salary Steps
Advancement within the salary schedule specified for Deputy City Attorney I shall be on the basis of one year’s satisfactory service, as evidenced by a performance evaluation, in such classification without having received a step increase in salary during said year. A salary step increase for a represented employee who is entitled to such an increase shall be effective at the beginning of the pay period in which the anniversary date of appointment in the classification falls.
5.3.3 Deputy City Attorney II, III, IV – Salary Schedule
Annual advancement within the salary schedules of Deputy City Attorney II, III, and IV shall be on the basis on one year’s satisfactory service, as evidenced by a performance evaluation, without having otherwise received an advancement within the salary schedule for the classification during said year. Advancement is at the rate of one salary rate increment of two and one-half percent (2 1/2%) up to five percent (5.0%).
5.3.4 Definitions
For purposes of the salary advancement provisions of Section 5.3, a represented employee shall be deemed to have performed satisfactory service if the Performance Appraisal for the period includes an overall rating of “fully effective” or “exceeds expectations.”
5.3.5 Minimum Salary Increase When Promoted
When a represented employee in the classifications of Deputy City Attorney I through IV is promoted to a higher level Deputy City Attorney classification, the represented employee shall receive compensation at the salary schedule for the new position that represents a minimum of five percent (5.0%) over the amount the represented employee received in the former position; provided, however, that the City Attorney, with discretion and for good cause, may provide for compensation at any step in the applicable salary schedule for the classification involved if the represented employee has demonstrated outstanding achievement in the public service.
5.3.6 Consequences Of Failure to Evaluate
In the event that a represented employee has not received a Performance Appraisal within forty-five (45) calendar days of the date the appraisal was due, the represented employee shall be entitled to receive a salary step or salary range advancement under Sections 5.4.3, 5.4.4 and 5.4.5 without Performance Appraisal evidence of satisfactory service. Salary
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advancements granted under this subsection shall be effective as described in Sections 5.4.3, 5.4.4 and 5.4.5.
5.4 Premium Pay
5.4.1 Special Assignment/Departmental Counsel Premium
The City Attorney may assign Special Assignment/Departmental Counsel duties to a represented employee. All represented employees meeting the qualifications for a Special Assignment/Departmental Counsel shall be eligible for a Special Assignment/Departmental Counsel duties. During the period of time the represented employee is assigned to the Special Assignment/Departmental Counsel duties, the represented employee shall be paid ten percent (10%) in addition to the represented employee’s regular rate of pay. Special Assignment premium pay shall be incorporated into the represented employee’s compensation reported to CalPERS. At the end of Special Assignment/Departmental Counsel assignments, represented employees shall be returned to their regular duties and rate of pay applicable prior to the Special Assignment/Departmental Counsel premium pay. This section shall become effective October 1, 2002.
5.4.2 Pay For Acting In A Higher Classification
The City Attorney shall assign all represented employees to duties within their classification. In appropriate situations, the City Attorney may require a represented employee to perform duties that reasonably relate to the represented employee’s position and classification.
If the City Attorney assigns a represented employee to perform substantially the full range of duties in a Deputy City Attorney V classification, the represented employee shall be paid Acting Pay for the entire period the represented employee is required to act in a higher classification. Each acting pay assignment shall be made in writing and shall confirm that the represented employee meets the minimum qualifications of the higher classification. The City Attorney or designee shall approve in advance any acting assignment continuing for a period longer than one month. In cases where there is a permanent vacancy or a temporary vacancy (more than 120 days), the City Attorney or designee shall post the acting opportunities for a minimum of 10 working days.
A represented employee meeting the requirement of this section shall be compensated at the lowest step of the higher classification which provides the represented employee at least a 7.5% differential above represented employee’s regular rate of pay.
For the purpose of this section, a permanent budgeted position shall be vacant either because a regular employee is on an approved leave of absence or because a regular employee has resigned, accepted a promotion/demotion, or has been terminated.
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If the acting pay assignment extends beyond a consecutive sixty (60) calendar day period, the represented employee shall be paid a premium at the rate of twelve and one half percent (12.5%) of the regular pay of the employee’s own classification, beginning the sixty-first (61st) day of the acting assignment.
A represented employee who acts in a position of higher classification under this provision, for a consecutive period of thirty (30) calendar days or less, shall not receive acting pay during any period(s) of paid leave occurring during the acting assignment. However, a represented employee who acts in a position of higher classification, under this provision, for a consecutive period in excess of thirty (30) calendar days shall receive acting pay during period(s) of paid leave occurring during the acting assignment, commencing with the thirty-first (31st) day of acting assignment and continuing until said acting assignment is terminated.
No represented employee shall be in an acting assignment for more than six (6) months in a fifteen (15) month period, unless no other qualified represented employee is available or willing to take the assignment. For the purposes of this provision the six (6) months need not be consecutive.
Absent extenuating circumstances, the City shall endeavor to avoid repeatedly appointing the same represented employee.
5.5 Allowances
5.5.1 Automobile Allowance
The City agrees to provide transportation to represented employees when required for official City business. Full-time represented employees who prefer to use their private vehicles for City business may do so, upon approval by the City and subject to City regulations for safety, driver’s licenses, and automobile liability insurance. Represented employees shall not be required to name the City as an additional insured nor submit the employee’s vehicle to an inspection.
The City shall reimburse a represented employee for approved use of a private vehicle according to the following rates:
5.5.1.1 Category III
If the City determines that the nature of the work assigned to a represented employee, requires the use of an automobile on a regular basis for more than one-half of the represented employee’s work schedule, the represented employee may utilize a private vehicle and the City shall reimburse the represented employee at the following rate per month:
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Contract Year Amount Per Month
2011-2013 $137.55
In addition to the per month allowance, the City shall reimburse the represented employee at the rate of $.51 per mile. During January of each fiscal year, the per mile rate will be adjusted to the maximum per mile rate established by the U.S. Internal Revenue Service.
5.5.1.2 Parking Fees
The City and Union agree to explore cost-effective ways to implement this provision, including the use of vouchers or validation to provide free parking in under-utilized City-owned parking facilities.
5.5.2 Meal Allowance
The City shall reimburse represented employees up to $10 per meal when required to attend job-related meetings that extend beyond 7:00 p.m. Such meetings shall include City Council, City Boards and Commissions, and community meetings. Receipts for meals shall be required prior to reimbursement. A reimbursement shall not be allowed for meetings extending beyond 7:00 p.m. if meals are provided for staff.
5.5.3 Commuter Check
Effective July 1, 2003, the City agrees to pay the five dollar ($5) monthly administrative fee for represented employees participating in the Commuter Check Program.
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ARTICLE 6: PROFESSIONAL DEVELOPMENT PROVISIONS
6.1 Professional Memberships
The City shall pay up to one hundred percent (100%) of the cost of represented employees’ membership in the California State Bar and one State Bar Section membership. The fees the City pays will not include any Hudson Assessment on the State Bar membership forms. Represented employees, and not the City, are responsible for penalties incurred if they fail to submit State Bar Membership forms in a timely manner.
6.2 Conferences, Seminars, And Meetings
It may be desirable for a represented employee to attend conferences, seminars, or meetings that have as their primary purpose professional development, or acquiring concepts and knowledge that are directly beneficial to the represented employee in the performance of his/her job; and/or where such attendance is in the City’s best interests. In addition to using the CEB Passport described in Section 6.3 below, each represented employee shall be entitled to use up to a maximum of $1,000 per year to pay for the costs of professional development materials and professional development conferences, seminars, or meetings, including associated travel expenses.
In addition, represented employees may be reimbursed for other professional development expenses including, but not limited to:
books, subscriptions to professional journals or magazines, dues to professional organizations that are related to current employment,
and job-related tools and equipment.
Represented employees shall submit requests for City-paid professional development funding to the City Attorney. The City Attorney or designee will approve the funding request upon determining that: (1) the requested professional development will directly benefit the represented employee’s job performance; (2) the professional development is in the City’s interests; (3) the represented employee has not exceeded the $1,000 annual cap; and (4) the represented employee’s absence from his or her regular duties on the proposed dates will not be detrimental to the City. The City Attorney or designee shall either directly pay the provider/vendor or reimburse the represented employee.
In recognition of the fact that many eligible expenses exceed the amount available in a single year, a represented employee may defer professional development reimbursement in one fiscal year and receive two years’ of reimbursement in the following fiscal year.
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6.3 Mandatory Continuing Education
Each represented employee is responsible for meeting his/her Mandatory Continuing Legal Education requirements. The City will purchase one Continuing Education of the Bar (“CEB”) Passport for the office that will entitle represented employees to attend CEB programs as specified in the Passport agreement selected by the City Attorney.
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ARTICLE 7: RETIREMENT
7.1 Retirement Contributions
7.1.1 2.7% At 55
The City agrees to continue to contract with the Public Employees’ Retirement System (PERS) to provide the 2.7% at 55 retirement plan for each active unit member, except as provided below for second tier employees. The City shall make the employer contribution to PERS for each represented employee. Except as specifically stated in this Section, the City shall pay for any increase in the employer rate and shall retain any savings from a decrease in the employer rate and for contribution credits (rebates) from PERS. Each unit member shall continue to pay the full member contribution to PERS equal to eight percent (8%) of the compensation paid the member for service rendered, with state and federal income tax on the PERS members contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).
7.1.2 2.5% At 55
The City shall amend its contract with PERS to provide new unit members hired ninety (90) days after adoption of this Memorandum of Understanding, the 2.5% at 55 retirement plan. The City shall make the employer contribution to PERS for each unit member, except as specifically stated in this section. The City shall pay for any increase in the employer rate and shall retain any savings from a decrease in the employer rate and for contribution credits (rebates) from PERS. Each 2.5% At 55 unit member shall pay the full member contribution to PERS equal to eight percent (8%) of the compensation paid the member for service rendered, with state and federal income tax on the PERS members contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).
7.1.3 Premium Pay Reported to CalPERS
The premium pay listed in Appendix D, Pay Reported To CalPERS, shall be reported to CalPERS as compensation.
7.2 Optional Benefits
Under the Public Employees’ Retirement System, the City shall provide the following optional benefits:
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7.2.1 Military Service Credited As Public Service
Up to four (4) years of military service can be granted for time during which a represented employee served continuously with the active armed forces or the Merchant Marines including any period of rehabilitation, plus six (6) months thereafter. (Government Code Section 21024.) The represented employee is required to contribute employee and employer contributions except that service rendered prior to September 1, 1970, may be granted at no cost to the represented employee.
7.2.2 Public Service Credit for Peace Corps, Americorps VISTA, or Americorps Service
Represented employees may elect to purchase up to three (3) years of service credit for any volunteer service in the Peace Corps, Americorps VISTA (Volunteers In Service To America), or Americorps. (Government Code Section 21023.5.) The represented employee is required to contribute employee and employer contributions. Represented employees may obtain cost information by contacting CalPERS Member Services Division. Final determination of benefit eligibility shall be made by CalPERS.
7.2.3 Final Compensation
A represented employee’s retirement allowance is based on the twelve (12) highest paid consecutive months under the plan. (Government Code Section 20042.) This One Year Final Compensation optional benefit shall only apply to represented employees hired up to ninety (90) days after the adoption of this Memorandum of Understanding.
Employees hired ninety (90) days after adoption of this Memorandum of Understanding shall be subject to final compensation in accordance with Government Code Section 20037 which means the highest average annual compensation earnable by a member during the three consecutive years of employment immediately preceding the effective date of his or her retirement.
7.2.4 Post Retirement Survivor Allowance
Upon death after retirement, an allowance shall be continued to the surviving spouse or domestic partner. A “surviving spouse or domestic partner” means for service retirements, a husband or wife who was married to or a domestic partner who was registered as a domestic partner with the member at least one year prior to the member’s retirement and continuously to the date of the retired member’s death. The represented employee’s survivor receives one-half the amount of the retired represented employee’s unmodified allowance based on service not subject to the modification for Social Security. (Government Code Sections 21624, 21626 and 21628.)
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7.2.5 Post-Retirement Survivor Allowance To Continue After Remarriage
If a surviving spouse remarries on or after January 1, 1985, the one-half survivor continuance allowance will not cease. (Government Code Sections 21635)
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ARTICLE 8: INSURANCE PROGRAMS
8.1 Medical Insurance
8.1.1 Medical Insurance Under PEMHCA
The City agrees to maintain its contract with the Public Employees’ Retirement System (“PERS”) providing medical insurance coverage through the Public Employees’ Medical and Hospital Care Act (PEMHCA) plans. Eligibility of active represented employees and retired employees to participate in this program shall be in accordance with state law and regulations promulgated by PERS.
8.1.2 City Contribution To PERS
The City shall pay directly to PERS ninety-seven ($97) per month as a contribution toward the PEMHCA plan medical insurance premium for each active represented employee and retiree who elects to enroll in a PEMHCA medical plan. As required by Government Code Section 22892, commencing January 1, 2009, the City’s contribution shall be adjusted annually by PERS to reflect any change in the medical care component of the Consumer Price Index and shall be rounded to the nearest dollar. These increased City contribution rates shall remain in effect only as long as required by law.
8.1.3 Change In PERS Regulations
In the event PERS requires additional employer payment in excess of the amount stated in 8.1.2, the City shall not be bound by any obligation under Section 8.1.2, but rather the parties shall meet and confer regarding restructuring the provisions of Section 8.1.2 and 8.2 provided that, for a reasonable time period to allow for meeting and conferring, the City shall continue the benefits under Section 8.1.2.
8.2 Full Medical Insurance Comparable To Rate Charged Under PEMHCA Kaiser Bay Area Plan
For active represented employees enrolled in a PEMHCA medical insurance plan, the City shall pay to PERS an amount of money on behalf of the employee which, when combined with the amount stated in Section 8.2, shall be the equivalent to one hundred percent (100%) of the premium cost of the Kaiser Bay Area family plan. If a represented employee chooses to participate in a PEMHCA plan, which is more expensive than the Kaiser Bay Area family plan, the represented employee shall pay the additional cost.
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8.3 Other Benefits For Active Employees
8.3.1 Dental Insurance
The City agrees to contribute an amount equal to one hundred percent (100%) of the cost of employee and dependent coverage in the City dental plans, which include orthodontia and a preferred provider option. For the purpose of this provision, dependents shall include domestic partners of represented employees who have filed a Declaration of Domestic Partnership in accordance with established City policy. The City shall meet and confer regarding any reduction in benefits to the extent it is within the mandatory scope of bargaining required by state law.
8.3.2 Vision Care
The City agrees to maintain current employee and dependent coverage in the established City vision care plan. For the purpose of this provision, dependents shall include domestic partners of represented employees who have filed a Declaration of Domestic Partnership in accordance with established City policy. The City shall meet and confer regarding any reduction in benefits to the extent it is within the mandatory scope of bargaining required by state law.
8.3.3 Blood Bank
The City agrees to enroll represented employees in the City of Oakland Blood Bank Program as described below.
8.3.3.1 Sponsor
City of Oakland, in cooperation with the Blood Bank of the Alameda-Contra Costa County Medical Association, since 1980.
8.3.3.2 Eligibility
All City of Oakland employees and family dependents.
8.3.3.3 Program Operation
The City normally conducts two blood donation drives per year, one in January and one in July. Donations are credited to the City of Oakland Club and are good for one year. Withdrawals are made from the account by submitting requests to the City Administrator’s Office. City credits remaining at the end of one year are switched into the general Blood Bank Fund. However, by participation in the program, all blood needs of the City are covered, even if there are insufficient credits in the City Club account, without monetary charge or replacement requirement to
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the represented employee during the term of this Agreement. The City and the Union agree to actively encourage represented employees and dependents to participate in the blood donation drives.
8.3.4 Life Insurance
The City agrees to provide a term life insurance policy for each full-time represented employee in the amount of one times the employee’s annual salary, rounded up to the nearest one-thousand dollars ($1,000), including an accidental death and dismemberment benefit of equivalent amount. The City also agrees to provide represented employees the option of purchasing supplemental term life insurance. This supplemental term insurance is contingent upon the City meeting the plan requirements stipulated by the insurance carrier.
8.3.5 Disability Insurance
The City agrees to pay the premium cost of represented employee participation in the established disability insurance program. The City shall meet and confer regarding any reduction in benefits to the extent it is within the mandatory scope of bargaining required by state law.
8.3.6 Chemical Dependency Treatment Program
The City agrees to provide a chemical dependency treatment program for represented employees and their eligible dependents up to a maximum of thirty thousand dollars ($30,000) in total lifetime program benefits.
8.3.7 Continuation Of Coverage While On Paid Leave
The City agrees to continue City contribution to premium payments for represented employees while on authorized paid leaves of absence.
8.3.8 Deferred Compensation Plan
Represented employees may participate in the established City deferred compensation plan.
8.3.9 Medical And Dependent Care Reimbursement Plan
The City shall maintain a salary reduction plan as provided by Section 125 of the Internal Revenue Service Code permitting permanent represented employees to designate a portion of their annual salary to be withheld and subsequently used to provide pre-tax reimbursements for verified medical (“MCAP”) and dependent care (“DCAP”) expenses, subject to the rules of the IRS and governing regulations.
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If a represented employee receives medical insurance coverage through their spouse or partner, signs the City Medical Waiver/Cash-in-Lieu form electing not to receive City paid medical coverage, and provides the City with satisfactory proof of insurance coverage, the represented employee shall receive:
$325 per month in cash for the period January 1, 2014 through December 31, 2014. Prior to Benefits Open Enrollment in October 2014, the City shall determine, for the period January 1, 2014 through June 30, 2014, if the savings to the City from increased enrollment in the Cash In-Lieu program are equal to or exceed the increased cost for existing participants in the Cash In-Lieu program. The increased cost for existing participants shall be the difference between the new $325 rate and the existing $160 rate ($165 per month). The savings for new enrollees shall be the difference between the City’s cost for medical benefits for the enrollee and any currently covered dependents and the cost of the In-Lieu payment ($325 per month). If the savings are not equal to or greater than the increased costs, then the amount of the In-Lieu contribution for Calendar Year 2015 shall be reduced to $250 per month ; or
The represented employee may elect to have a portion of this payment, up to the maximum amounts specified in Section 8.3.10, paid into the represented employee’s MCAP or DCAP amount.
8.3.10 Maximum Medical And Dependent Care Reimbursement Plan
The maximum annual amount that may be deducted from a represented employee’s annual salary for reimbursement of non-medical dependent care expenses is $5,000. The maximum amount that may be deducted from the represented employee’s annual salary for reimbursement of personal and dependent medical expenses is $2,500. All medical and dependent care expenses for which reimbursement is requested must comply with the requirements of the IRS code.
8.3.11 Administrative Fees
The City agrees to pay the monthly administrative fee on behalf of the represented employees participating in the DCAP and MCAP programs.
8.3.12 Tax Liability For Flexible Spending Benefit
Notwithstanding the City’s intent to comport with I.R.C. Section 125, each represented employee shall be solely and personally responsible for a federal, state, or local tax that may arise out of the implementation of this subsection.
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8.4 Retiree Benefit
Any represented employee who retires from the City on or after January 1, 1987, who has ten (10) years or more of service with the City in either a permanent full-time or permanent part-time position, and who enrolls in a PERS PEMHCA plan shall receive for such time as he/she maintains his/her enrollment in a PEMHCA health plan the following benefit: effective January 1, 2003, the lesser of a monthly payment of four hundred twenty-five and forty-two cents ($425.42) or one hundred percent (100%) of the represented employee’s PEMHCA plan premium for the represented employee and one dependant computed by combining the provisions of Section 8.1.2 above with this benefit. These payments shall be made on a quarterly basis. The City shall provide the option of direct deposit if it becomes available for this benefit. The obligations set forth in this subsection shall be subject to the following conditions:
Each person receiving the benefit shall be responsible for payment of federal state and local taxes, if required. The City shall not withhold taxes when awarding this benefit unless otherwise required to do so by a governmental taxing agency and shall not be obligated by this Agreement to issue a 1099 to persons receiving the benefit.
Each person receiving the benefit shall be obligated to notify the City within thirty (30) days of the retiree’s and/or eligible family member’s eligibility for Medicare.
An eligible family member for PEMHCA coverage who survives the death of a retiree shall continue to receive this benefit as long as it is allowed by PERS, as long as the survivor remains enrolled in a PERS plan, and as long as the survivor has been designated to receive the survivor’s benefit under PERS and is receiving the survivor’s benefit under PERS.
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ARTICLE 9: LEAVES OF ABSENCE
9.1 Sick Leave
9.1.1 Annual Earned Sick Leave
Represented employees shall accrue sick leave on a biweekly basis at the rate of one (1) full working day per month of service to the City, except that sick leave shall not be credited until the completion of the first three (3) months of service.
9.1.2 Accumulated Earned Sick Leave
Sick leave with pay that is not used shall be cumulative. Sick leave credits may be accumulated not to exceed one hundred and fifty (150) working days. Sick leave credits accrued under this provision shall be expressed in hours.
9.1.3 Use Of Sick Leave
9.1.3.1 Minimum Usage
Sick leave may be used in minimum increments of one (1) hour.
9.1.3.2 Family Illness
Each represented employee who is otherwise eligible to take sick leave may, in the event of illness in the immediate family, take a maximum of twelve (12) working days family sick leave in any calendar year. Such family sick leave shall be charged against the represented employee’s accumulated sick leave credits and is subject to acceptable medical verification.
For the purposes of this provision, immediate family shall be defined as parent, spouse, child, sibling, grandparent, father-in-law, mother-in-law, grandchildren in the custody of grandparents who are represented employees, and domestic partners of represented employees who have filed a Declaration of Domestic Partnership. The terms “child,” “parent,” “grandchild” and “grandparent” shall apply equally to relationships by birth, adoption, marriage or guardianship (e.g., natural children, adopted children, step children and foster children). This provision shall also apply to persons for whom the represented employee has durable power of attorney for health care.
In circumstances involving the illness of a person who has raised the represented employee in lieu of a natural parent or has been raised by a represented employee in lieu of the natural parent, the department head or designated representative will consider granting family illness leave under this provision to the affected
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represented employee. In such cases, the represented employee must receive a written approval from the department head or designated representative prior to departure on such leave.
A represented employee may be permitted to take family sick leave in excess of twelve (12) days in any calendar year in the case of the critical or serious illness of the immediate family member, as defined above, who resides in the represented employee’s household and where other arrangements for the care of the family member are not feasible.
This section does not extend the maximum period of leave to which a represented employee is entitled under the Family and Medical Leave Act of 1993 (29 U.S.C. Section 2606, et seq.), the California Family Rights Act (Government Code Section 12945.2) and City policies implementing these Acts, regardless of whether the represented employee receives sick leave compensation during that leave. (See Labor Code Section 233.)
9.1.3.3 Sick Leave Buy-Back - Leaving City
City agrees to compensate, in cash, employees leaving City service after ten (10) cumulative years of employment, uninterrupted by any single period of absence in excess of one (1) year, for thirty-three and one-third percent (33-1/3%) of accrued sick leave.
9.1.3.4 Annual Sick Leave Sell-Back/Conversion
Represented employees may sell back a portion of their unused sick leave or convert it to additional days of vacation, provided that the represented employee must have a minimum of sixty (60) days of accumulated sick leave at the beginning of the calendar year (January 1). The represented employee may exercise one of the following options during the month of January:
(1) Accumulate sick leave credits to the one hundred and fifty day (150) maximum; or,
(2) Convert sick leave earned in excess of the basic requirement of sixty (60) days to vacation ratio of two (2) sick leave days to one (1) day of vacation up to a maximum of seven (7) vacation days.
(3) Sell back sick leave earned in excess of the basic requirement of sixty (60) days, at the ratio of two sick leave days to one (1) day of pay, up to maximum of seven (7) days pay.
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Requests submitted by the close of business on the second Friday in December shall be counted toward the cap for that calendar year.
9.1.3.5 Verification Of Leave
When a represented employee has been absent under personal illness for more than five (5) consecutive working days or has established a pattern of personal illness exceeding twenty (20) working days in one work year, the City is authorized to request that the represented employee have a physical examination by a City selected physician and a certification by that physician of the represented employee’s physical fitness to return and continue the duties requisite to employment. The City will pay the cost of this examination and certification.
9.1.3.6 Return To Work
If requested by the City management, a represented employee shall not return to work until she/he submits a medical doctor’s authorization to return to work. The City will pay for the cost of any portion of the certification requested by the City that is not paid by medical insurance.
9.2 School Activities Leave
The City shall permit a represented employee who is a parent, guardian, or grandparent having custody of a child in kindergarten or grades 1 to 12, inclusive, or attending a licensed child day care facility, to take up to forty (40) hours each year, not exceeding twelve (12) hours in any calendar month of the year, to participate in activities of the school or licensed child day care facility of any of the represented employee’s children. Represented employees must give their supervisor notice at least four (4) workdays prior to the planned absence. The represented employee shall use existing vacation, personal leave, compensatory time off, or time off without pay for purposes of the planned absence described in this section. If requested by the represented employee’s supervisor, the represented employee shall provide documentation from the school or licensed child day care facility as proof that the represented employee participated in school or licensed child day care facility activities on a specific date and at a particular time.
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9.3 Family Death Leave
9.3.1 Definition Of Immediate Family
For the purposes of this provision, immediate family shall be defined as parent, spouse, child, sibling, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law domestic partners of represented employees who have filed a Declaration of Domestic Partnership in accordance with established City policy, and parents and children of the domestic partner. The terms “child,” “parent,” “grandchild” and “grandparent” shall apply equally to relationships by birth, adoption, marriage or guardianship (e.g., natural children, adopted children, step children and foster children).
9.3.2 Special Circumstances
In special circumstances involving the death of a person who has raised the represented employee in lieu of a natural parent or has been a child who is being raised by the represented employee in lieu of a natural parent, the department head or designated representative may consider granting leave under this provision to the affected represented employee.
9.3.3 Entitlement
Upon approval of the department head or designated representative, a represented employee may be granted family death leave with pay not to exceed five (5) working days. Such leave shall not be charged against vacation or sick leave to which a represented employee may be entitled, but shall be in addition to that leave. The City shall not unreasonably deny such requests. In order to be eligible for family death leave, a represented employee must have worked full-time for the City for a period of six (6) consecutive months. A represented employee may be asked to furnish satisfactory verification for use of family death leave. In cases involving exceptional hardship or out of state travel, the City will consider granting up to one (1) additional days of family death leave with pay. In such cases, the represented employee must receive written approval from the department head or designated representative prior to departure on such leave.
9.4 On–The–Job Injury Leave And Compensation
A represented employee shall be granted on-the-job injury/illness leave when the represented employee is unable to work because of any on-the-job injury/illness as defined in the California Labor Code (Worker’s Compensation Act).
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9.4.1 City Paid Leave Entitlement
9.4.1.1 Represented Employee With Less Than One Year
A represented employee who has worked as a Deputy City Attorney for less than one (1) year shall not be entitled to City paid leave entitlement under Section 9.4
9.4.1.2 Represented Employee With More Than One Year
For any on-the-job injury/illness with a date of injury/illness on or after January 28, 2003, a represented employee who has worked as a Deputy City Attorney for at least one (1) year shall be entitled to a maximum of sixty (60) working days of City paid on-the-job injury/illness leave per injury or illness. Reoccurrences of an injury/illness shall not be considered a new injury/illness and shall not entitle the represented employee to a new sixty (60) working day free period. The sixty (60) working days for the same injury or illness does not have to be used consecutively. The sixty (60) working day on-the-job injury/illness leave entitlement, commonly referred to as the “free period,” shall not be deducted from the represented employee’s accrued sick leave or any other accrued paid leave.
9.4.1.3 Long Term Permanent
A represented employee with ten (10) consecutive years of service to the City as of January 1, 2003, shall be entitled to a maximum of ninety (90) working days of paid on-the-job injury/illness leave per injury or illness with the same standards as stated in Section 9.4.1.2.
9.4.1.4 Workers’ Compensation Claim
An on-the-job injury/illness must qualify as a workers’ compensation claim under standards applied by the Workers’ Compensation Appeals Board. The Workers’ Compensation Appeals Board’s rejection of a represented employee’s claim shall result in disqualification of the represented employee’s injury/illness for leave under this provision. On-the-job injury leave previously granted for a disqualified injury/illness will be deducted from the represented employee’s other accrued paid leave balances, or the represented employee may reimburse the City in cash.
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9.4.1.5 Physical Examination
As permitted by state law, City policies, and Civil Service Personnel Rules, the City may require a represented employee to submit to an examination.
9.4.1.6 Workers’ Compensation Benefits
Payment under this provision shall not be cumulative with any benefit that the represented employee may receive under the California Labor Code as the result of the same injury/illness. If, after the sixty (60) working day period of City paid leave, the represented employee is still unable to work, the represented employee may supplement any benefits paid under the Labor Code with accumulated sick leave and vacation to the extent necessary to make up the difference between the amount of the award and the normal weekly base pay for each week of continuing disability.
9.4.2 Limited/Modified Duty
Upon either party’s request, City and Union shall meet to discuss the development of a limited duty policy for represented employees unable to perform their normal work duties because of injury or illness on a department by department basis. The priority of any such agreement reached shall be industrially injured represented employees, however, the policy may include coverage of non-industrially injured represented employees, if considered feasible by the City. In the absence of any such policy, the City shall maintain the right and sole discretion to grant or continue any light duty assignment.
9.5 Military Leave
The City shall provide military leave to represented employees in accordance with City Council Resolution 77044, attached to and incorporated into this Agreement as Appendix C, Military Leave.
9.6 Jury Leave
Leave of absence with pay shall be granted to a represented employee who has been selected for jury duty that is mandatory, provided, however, that in circumstances where it is deemed necessary by the City, the represented employee shall cooperate by requesting a deferral of such jury duty to a later date. A represented employee who serves on jury duty shall be paid regular salary for the period of such duty.
The represented employee shall keep any fees he/she receives for jury duty.
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9.7 Family Care And Medical Leave/Pregnancy Disability
Represented employees are eligible for leave under the California Family Rights Act (“CFRA”), the Federal Family and Medical Leave Act (“FMLA”), and the California Pregnancy Disability Leave Act (“PDLA”). The provisions of this Agreement and City policies shall be applied consistent with applicable state and federal law and in accordance with Administrative Instruction 567 as may be amended from time to time. The previous paragraph is not subject to the grievance procedure. This language shall not be construed as a waiver of any right to meet and confer over the changes in Administrative Instruction 567, if such changes are within the mandatory scope of bargaining.
9.8 Leave Of Absence Without Pay
In its discretion, the City may grant a permanent full-time or permanent part-time represented employee a leave of absence without pay of up to one (1) year.
9.9 Disability Insurance
To be eligible for the disability insurance coverage described in Section 8.5.5, a represented employee shall be required to use all but ten (10) days of accrued and/or accumulated sick leave.
9.10 Integration Of Disability Insurance Coverage And Paid Leaves
A represented employee may supplement any disability insurance benefits paid under a disability insurance program provided in Section 8.5.5 with accumulated sick leave, vacation, comp time, management leave or other paid leave to the extent necessary to make up the difference between the amount of insurance benefits paid and the normal weekly base pay for each week of disability.
9.11 Professional Leave
Represented employees shall be awarded five (5) days of Professional Leave July 1st of each year. Additionally, represented employees who work irregular work hours or who demonstrate superior performance during the eligibility period of July 1 through June 30 of each fiscal year may also be awarded an additional zero (0) to five (5) days of professional leave at the recommendation of the department/agency head and with final approval of the City Attorney.
A total of ten (10) days maximum Awarded Management Leave may be cashed out each fiscal year at the discretion of the represented employee. With their supervisors’ approval, individual represented employees are responsible for arranging to use the Professional Leave.
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In fiscal years 2009-10 and 2010-11, represented employees with a carry forward balance of 150-200 hours as of June 30, 2009 shall be entitled to cash out accrued management leave in an amount not to exceed fifteen (15) work days (112.5 hours) in each fiscal year. In fiscal years 2009-10 and 2010-11, represented employees with a carry forward balance greater than 200 hours as of June 30, 2009 shall be entitled to cash out accrued management leave in an amount not to exceed twenty-five (25) work days (187.50 hours) in each fiscal year. Effective June 30, 2011, the maximum amount of management leave that may be carried forward is ten (10) work days. Represented employees who terminate employment after having been awarded Professional Leave shall be paid for such awarded, but unused leave, upon termination.
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ARTICLE 10: VACATION LEAVE
10.1 Entitlement
A represented employee shall accrue vacation leave, from the date of the represented employee’s regular appointment by the City, on a biweekly basis at the rates enumerated below. For the purpose of determining the amount of vacation entitlement, an employment year is defined as the period of one (1) year from the anniversary date of such appointment by the City. Vacation rate increases will become effective at the beginning of the pay period that includes the represented employee’s anniversary date. Vacation entitlement rates are as follows:
Date of hire to 4 years: Ten (10) days per year 4th anniversary to 13 years: Fifteen (15) days per year 13th anniversary to 16 years: Eighteen (18) days per year 16th anniversary to 20 years: Nineteen (19) days per year 20th anniversary to 26 years: Twenty (20) days per year 26th anniversary to 30 years: Twenty-five (25) days per year
30th anniversary: Thirty (30) days per year
10.1.1 Extra Vacation Days
A represented employee shall be granted an Extra Vacation Day on the fourth (4th) , ninth (9th), fourteenth (14th), nineteenth (19th), twenty-fourth (24th), and twenty-ninth (29th) anniversary date of her/his regular appointment by the City and every fifth (5th) anniversary date thereafter.
10.2 Accrued Leave
A represented employee may take accrued vacation, with the prior scheduling approval of the department head or his/her designee.
The time when vacation may be taken by an employee shall be subject to the City’s operational needs but shall not be unreasonably denied. Vacation requests shall ordinarily be considered in the order received. In cases where there are conflicts between pending requests for vacation leave, the City shall consider departmental seniority as a factor in resolving conflicting pending requests for vacation leave.
The department head or designee shall respond to vacation requests in a timely manner and no later than ten (10) working days from the date the request is submitted. If a designee fails to respond in a timely manner, the employee may submit the request to the department head, who shall respond within five (5) working days.
The City shall permit represented employees who have reached the maximum accrual balance to take up to five (5) days vacation at the earliest possible date.
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10.3 Limitation On Unused Vacation Leave Balances
Represented employees may accrue vacation leave balances up to a maximum of two (2) times the represented employee’s annual vacation accrual rate as of the pay period containing January 1 of each year. Should the represented employee’s vacation leave balance exceed the allowable amount, the represented employee will cease to accrue vacation leave until such time as the vacation balance is reduced below the maximum allowable balance.
10.4 Minimum Usage
Normally, a represented employee may take vacation leave in increments of not less than one day with the prior scheduling approval of the department head. In special circumstances, with the department head’s approval, represented employees may also take a fraction of a day, but in no event less than one hour.
10.5 Interruption Of Leave
In the event that a holiday occurs during a period of authorized vacation leave, the workday that is the holiday shall be charged as a holiday and not as a day of vacation. In the event that a represented employee is ill during a scheduled vacation, the full work days on which the represented employee is ill shall not be charged to vacation leave, provided that a doctor’s certificate or report of treatment may be required by the City Attorney. It is expressly understood that sick leave may not be used during vacation to lengthen a vacation, unless authorized by the City Attorney or designee. Vacation leave not used due to the use of sick leave in an authorized vacation period shall be rescheduled for use at a later date, in accordance with established procedure.
10.6 Paychecks During Vacation
If a pay period falls within a represented employee’s scheduled vacation period, that represented employee shall be entitled to receive, prior to the start of such vacation period, upon request in accordance with established City procedures, any regular paycheck(s) that would normally be received during said period. This provision shall apply only to represented employees whose scheduled vacation leave is five (5) consecutive working days or longer. It is understood that this option shall not be available to those represented employees who choose to participate in the City’s Direct Payroll Deposit Program.
10.7 Vacation Leave Sell-Back
Represented employees may sell back to the City up to twenty (20) work days of accrued vacation each calendar year. Requests submitted by the close of business on the second Friday in December shall be counted toward the cap for that calendar year.
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ARTICLE 11: HOLIDAYS
11.1 Designated Holidays
The following days of each year are designated holidays:
January 1st. The third Monday in January, known as “Martin Luther King Day.” February 12th, known as “Lincoln Day.” The third Monday in February, known as “Presidents’ Day.” The last Monday in May known as “Memorial Day.” July 4th. The first Monday in September, known as “Labor Day.” September 9th, known as “Admission Day.” November 11th, known as “Veterans’ Day.” The Thursday in November appointed as “Thanksgiving Day.” The Friday after “Thanksgiving Day.” December 25th. Floating holiday, subject to prior approval of the department head. Holiday
must be taken during the fiscal year in which it is earned. The floating holiday shall be credited at the beginning of the pay period that includes July 1.
In order to be paid for a designated holiday, a represented employee must be in paid status the workday before and the workday after the designated holiday.
11.2 Christmas Or New Year’s Eve
11.2.1 Represented employees assigned to work schedules that require them to work on both December 24th and December 31st shall be entitled to one of the following:
one-half of the work shift as paid time off on both the above days; or,
one full work shift as paid time off on either of the above days.
11.2.2 Represented employees whose regular work week is Monday through Friday, when December 24th and December 31st occur on Saturdays or Sundays, shall be entitled to one of the following:
one-half of the work shift as paid time off on both the Friday preceding Christmas Eve and the Friday preceding New Year’s Eve; or,
one full work shift as paid time off on either the Friday preceding Christmas Eve or the Friday preceding New Year’s Eve.
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Such time off shall be granted by the department head, subject to the need to provide public services.
11.3 Holidays On Regular Day Off
In the event that a designated holiday falls upon a normal day off that is either a Saturday, as to a represented employee who works a Monday through Friday workweek, or the first day off of a normal scheduled two (2) days off, as to a represented employee whose workweek is one other than Monday through Friday, then in either such event such employee, as the case may be, shall receive one (1) additional day of vacation. Such vacation shall be accrued as Extra Vacation Days (EVD); shall not be included when determining if a represented employee has reached the maximum accrual as provided in Section 10.4; and may be earned even if the represented employee has reached the maximum vacation accrual as provided in Section 10.3. In n the event that a designated holiday falls upon a normal day off which is either a Sunday as to a represented employee who works a Monday through Friday workweek, or the second day off of normally scheduled two (2) days off, as to a represented employee whose workweek is one other than Monday through Friday, then in either such event such employee, as the case may be, shall receive the next following day off.
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ARTICLE 12: PERMANENT PART-TIME LEAVE BENEFITS
A permanent part-time represented employee, who works fifty percent (50%) or more of the normal workweek for the full-time equivalent to the represented employee’s own class, shall be entitled to the following leave benefits:
12.1 Paid Leave
A permanent part-time represented employee shall accrue vacation and sick leave on a pro-rata basis according to the time worked in relation to the normal workweek for the full-time class.
12.2 Holidays
A permanent part-time represented employee who works throughout the fiscal year fifty percent (50%) or more of the normal work week for the full-time equivalent of the PPT represented employee’s classification shall earn holiday pay on a pro-rata basis according to the time worked in relation to the normal workweek for the full-time class.
12.3 Annual Sick Leave Sell-Back/Conversion
For purposes of Annual Sick Leave Sell-Back/Conversion (Section 9.1.3.4), Professional Leave Sell-Back (Section 9.11) and Vacation Sell-Back (Section 10.7), including and pre-requisites for such sell-back, for a permanent part-time represented employee, a “day” shall be calculated as a pro-rata number of hours according to the time worked in relation to the normal workweek for the full-time class.
12.3 Maintenance of Benefits
Represented employees who currently receive full-time insurance benefits and who involuntarily have their hours of work reduced to less than full-time shall be permitted to take Voluntary Leave Without Pay to Save City Funds (VTN) for the reduction in hours and shall continue to receive full-time insurance benefits and shall not be subject to the provisions of Sections 12.1 through 12.3.
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ARTICLE 13: WORKING CONDITIONS
13.1 Health And Safety
Health and safety are mutual concerns of the City and of the Union. The City recognizes its responsibility to maintain health and safety standards in accordance with applicable state and federal laws. The Union recognizes its responsibility to encourage represented employees to work safely and efficiently.
In those instances where a represented employee has a complaint arising out of a health and safety condition under the City’s responsibility, and where the complaint is not resolved expeditiously at the department level, the Union, City’s Risk Management staff, and where appropriate a departmental representative shall promptly meet to discuss the matter.
13.2 Departmentally Designed Alternative Work Schedules
The Office of the City Attorney may design voluntary departmental alternative work schedules, which shall comply with this section’s guidelines addressing public service needs, departmental needs, and represented employee preferences.
Alternative work schedules may only be used in those circumstances in which the City Attorney or designee determines that all requirements for the provision of professional responsibilities, public service, public access, and economic staffing are met, and internal and external contact needs fulfilled.
Represented employees may initiate requests to work alternative work schedules, subject to the City Attorney’s approval. The City Attorney or designee will respond to requests in a timely manner, normally within thirty (30) days. City Attorney’s determination shall be final.
The City Attorney or designee may cancel at any time alternative work scheduling for any or all affected departmental employees.
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ARTICLE 14: PERSONNEL PROVISIONS
Personnel File
A represented employee will be given a copy of entries of a derogatory nature when they are placed in the represented employee’s official personnel file. All derogatory entries into a represented employee's personnel file shall be signed and dated by the author with documentation of delivery to the represented employee.
Represented employees may review their official personnel files twice per year and may make copies, at their own expense, of the documents contained in their files, except that copies of all original entries to such files shall be provided at no expense to employees at the time of entry. The City may establish reasonable rules for the control of official personnel files to implement this section.
Represented employees may also authorize, in writing, the Union representative to inspect the represented employee’s personnel file related to a dispute concerning that employee.
14.1 Classification Appeals
A represented employee may request a review of his/her job classification. The represented employee’s request shall be directed to the City Attorney. The City Attorney has sole discretion to determine whether or not to review the represented employee’s classification and whether or not to implement recommendations arising from that review. The City Attorney’s classification decisions shall be final, and shall not be appealable to the Civil Service Board, the City Council, or to any other administrative body.
14.2 Performance Appraisals
The City agrees that represented permanent employees are entitled to Annual Performance Appraisals outlining progress and performance. Performance Appraisals serve the following purposes: (1) ensuring the supervisor’s regular review of each represented employee’s performance; (2) encouraging improvement in a represented employee’s performance; (3) determining whether a represented employee’s performance has improved; (4) providing represented employees with effective supervision; (5) complimenting a represented employee’s performance and achievement. Each represented employee’s Performance Appraisal shall include one of the following Overall Ratings:
Exceeds expectations;
Fully effective;
Improvement needed;
Unacceptable.
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14.3 Civil Service And Personnel Rules
During the term of this Agreement, represented employees shall not be governed by the Oakland Civil Service Commission or the Civil Service Personnel Rules. During the term of this Agreement, the Union agrees not to challenge the legality of this section or assert the applicability of Civil Service or the Personnel Rules to represented employees in any legal proceedings against the City and/or its officers or employers, and the City agrees not to submit a City Council Resolution requesting the Civil Service Board to exempt from Civil Service the classifications of Deputy City Attorneys I-IV.
14.4 Termination
A represented employee with more than two (2) years of City service shall be terminated only for just cause. A represented employee with less than two (2) years of City service may be terminated for any reason as determined by the City Attorney without any right of administrative appeal or arbitration. The principles of progressive discipline shall not apply to any termination.
Before terminating a represented employee for just cause, the City Attorney shall provide written notice to the employee of intended action. The notice shall include: the reasons for the intended action; copies of materials upon which the action is based; and an opportunity to meet with and/or respond in writing to the Assistant City Attorney not in charge of the division in which the represented employee is assigned. That Assistant City Attorney shall recommend, in writing, whether or not to impose the termination, modify it, or not implement it at all.
After receiving the Assistant City Attorney’s recommendation, the City Attorney shall issue a final decision in writing. The Union may appeal the City Attorney’s decision in writing under Section 15.2.5 of this Agreement.
The provisions of this Section 14.5 provide the exclusive remedy for represented employees to appeal a termination.
14.5 Incompatible, Inconsistent, Or Conflicting Activities
No represented employee may engage in any employment, activity, or enterprise that has been determined to be inconsistent, incompatible, or in conflict with his or her duties or with the duties, functions, and responsibilities of the City Attorney’s Office. For purposes of this Agreement, incompatible employment or activity means any employment, activity, or enterprise which: (a) involves the use for private gain or advantage of City time, facilities, equipment, and supplies or the prestige or influence of the represented employee’s City employment; or (b) involves receipt by the represented employee of any money or other consideration for the performance of any act required by him or her as a City employee; or (c) involves the performance of an act, in other than his or her capacity as a City employee, that may later be subject directly or indirectly to control, inspection, review, audit, or enforcement by him or her in his or her capacity as a City employee.
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No represented employee may engage in any outside employment or activity that would violate the rules of professional conduct for attorneys in California. The City may not require any represented employee to perform any act in City employment that would violate the rules of professional conduct for attorneys in California. Represented employees may not solicit political contributions from other officers or employees of the City, unless such solicitation is part of a solicitation made to a significant segment of the public that may include City employees or officers.
Represented employees shall notify the City Attorney in advance of any outside employment or activity if it is reasonably foreseeable that such employment or activity may violate these rules.
Notwithstanding the above, the City acknowledges that no restriction may be placed on the political activities of represented employees outside of working hours and off City premises.
By ratifying this Agreement, the City Attorney is adopting regulations prohibiting incompatible activities, and the City Attorney will continue to maintain regulations that are consistent with Government Code Section 1125, et seq., Government Code Section 3201, et seq., Oakland City Charter Section 1201, and the rules of professional conduct for attorneys practicing in California.
14.6 Posting Job Openings
The City shall post all new and vacant bargaining unit positions on the employee notice bulletin board at least ten (10) days before the application deadline for the position. If there is no application deadline for the position, the City shall not fill the new or vacant position for at least five (5) days from the time of posting. The posting shall consist of the general job description, the posting date and time, and closing dates. The City shall send copies of posted vacancies to the Union.
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ARTICLE 15: GRIEVANCE PROCEDURE
15.1 Definition
A grievance is defined as any dispute that involves the interpretation or application of this Agreement. It is the parties’ express intent that grievances be resolved expeditiously at the lowest possible administrative level. Procedure
15.1.1 Step 1(a): Informal Discussion
The represented employee may present the grievance orally to the represented employee’s immediate supervisor within ten (10) working days from the time the represented employee should have been reasonably aware of the dispute giving rise to the grievance.
15.1.2 Step 1(b): Formal Submission
If the grievance remains unresolved, the represented employee may submit the grievance in writing to the represented employee’s immediate supervisor within the ten (10) working days noted in Step 1(a). The grievance shall state the specific section(s) of the Agreement at issue, or the disciplinary action taken, and the proposed solution. The represented employee’s immediate supervisor shall render a decision in writing to the employee and/or Union representative within ten (10) working days after the grievance is formally submitted.
15.1.3 Step 2: Appeal To Assistant City Attorney
If the grievance remains unresolved, the represented employee may, within ten (10) working days after receiving the supervisor’s decision, submit the grievance in writing to the Assistant City Attorney. The Assistant City Attorney or designated representative shall respond to the grievance in writing within ten (10) working days after receiving the grievance. Although the Assistant City Attorney may include timeliness as one of the reasons for denying the grievance, time limit shall not be the sole reason for denying the grievance.
15.1.4 Step 3: Appeal To City Attorney
If the grievance remains unresolved, the represented employee may, within ten (10) working days after receiving the Assistant City Attorney’s response, submit the grievance in writing to the City Attorney. The City Attorney, or a designated representative, shall investigate the grievance and either respond to the grievance in writing within ten (10) working days after receiving the grievance, or meet with the represented employee and attempt to resolve the dispute within ten (10) working days after the represented employee submits the grievance in writing to the City Attorney. Although the City Attorney may include timeliness as one of the
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reasons for denying the grievance, time limit shall not be the sole reason for denying the grievance.
15.1.5 Step 4: Arbitration
If the grievance remains unresolved, within fifteen (15) calendar days of the City Attorney’s written response or meeting with the represented employee, either the City or the Union may submit the grievance to an impartial arbitrator who shall be selected by mutual agreement or, if mutual agreement is not reached, by alternately striking names from a list of five arbitrators submitted by the State Mediation and Conciliation Service.
If arbitration is selected, the arbitrator’s decision shall be final and binding on all parties and the arbitrator’s fees shall be borne equally by the parties. The arbitrator shall have no power to add to or subtract from the provisions of this Agreement.
15.2 Time Limits
The parties may by mutual agreement extend the time limits prescribed in Section 15.2. The represented employee’s or the Union’s failure to follow the time limits, unless extended by this section, shall nullify the grievance. The City’s failure to follow the time limits, unless extended by this section, shall cause the grievance to move to Step 2 or to Step 3, whichever is the next level.
15.3 Right Of Representation
A represented employee filing a grievance as defined in this Article shall have the right of representation at each step of the grievance procedure.
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ARTICLE 16: RESOLUTION – DURATION
Completion Of Negotiations
This Agreement or any part of this Agreement is not binding upon the City until and unless the same is adopted by the City Council; and is not binding upon the Union until and unless the same is adopted by a vote of the represented employees, consistent with Union rules and regulations. This Agreement resolves in full, for its duration, all issues between the parties concerning wages, hours, and other terms and conditions of employment addressed in this Agreement. All proposals introduced by either party that have not been resolved in a signed Tentative Agreement are hereby withdrawn.
Except as specifically provided in this Agreement, it is understood and agreed that any benefits and/or working conditions within the scope of representation published in the City’s Salary Ordinance, Civil Service Rules, Council Resolutions and Ordinances, Administrative Instructions, Administrative Bulletins and Departmental Policies that affect benefits or working conditions presently in effect and not modified by this Agreement shall remain unchanged unless and until the City and Union meet and confer in good faith pursuant to the provisions of Section 3054.5 of the Government Code and the City’s Employee Relations Rules concerning any such proposed changes.
The City agrees to provide the Union with copies of proposed changes to compensation, benefits and/or working conditions within the scope of representation published in the documents listed above. The City further agrees to provide notice to represented employees of the publication of new or modified rules and policies affecting compensation, benefits and/or working conditions within the scope of representation. Notice may be provided by sending each affected employee a copy of such changes, or by posting the documents on the City’s intra-net server and providing employees with notification and instructions on how to access the document via e-mail or other electronic communication. For represented employees that may not have access to e-mail at work, the City shall also direct supervisors to notify such represented employees.
16.1 Savings Clause
In the event any portion of this Agreement is declared null and void by superseding federal or state law, the balance of the Agreement shall continue in full force and effect, and the parties shall immediately commence negotiations to ensure that the superseded portion(s) shall be rewritten to conform as nearly as possible to the original intent.
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16.2 Duration
Except as stated in specific sections of this Agreement, this Agreement shall become effective upon ratification by the City Council and Union, and shall remain in effect through June 30, 2015.
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APPENDIX A: CLASSIFICATIONS
Deputy City Attorney I
Deputy City Attorney II
Deputy City Attorney II, PPT
Deputy City Attorney III
Deputy City Attorney III, PPT
Deputy City Attorney IV
Deputy City Attorney IV, PPT
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APPENDIX B: SALARY SCHEDULE
Classification Monthly
MinimumMonthly
Maximum
Deputy City Attorney I 6389.30 7845.29
Deputy City Attorney II 8562.81 10514.35
Deputy City Attorney II, PPT 8562.81 10514.35
Deputy City Attorney III 9440.87 11592.03
Deputy City Attorney III, PPT 9440.87 11592.03
Deputy City Attorney IV 10409.65 12780.00
Deputy City Attorney IV, PPT 10409.65 12780.00
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APPENDIX C: MILITARY LEAVE PAY AND BENEFITS
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APPENDIX D: PAY REPORTED TO CalPERS*
I. The following items constitute special compensation for which PERS contributions
are made:
Special Assignment/Department Counsel Premium Pay Acting Pay Notary Public Pay Bilingual Pay
II. The following items constitute regular Compensation for which PERS contributions are made:
Holiday Pay Sick Leave Pay Vacation Pay Professional Leave Pay Salary
* This list includes, but is not limited to, the pay categories (regular and special pay)
that are reported to PERS.
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APPENDIX E: VOLUNTARY LEAVE WITHOUT PAY (VTN)
Represented employees shall be permitted to apply for Voluntary Leave Without Pay (VTN) at any time during the year. The City and Union acknowledge that while VTN may not be utilized during any period in which the represented employee is taking leave pursuant to the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) or the pregnancy Disability Leave Act (PDLA), VTN may be utilized if such leave eligibility has been exhausted. Within 60 days of ratification of this MOU, the City agrees to modify Administrative Instruction 511 to reflect these provisions.
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APPENDIX F: COBRA FUND SIDE LETTER
Agreement Between The City Of Oakland And The International Federation Of Professional And Technical Engineers (IFPTE), Local 21, AFL-CIO
This agreement is made this June 28, 2013, by and between the City of Oakland (hereinafter “City”) and the International Federation of Professional and Technical Engineers, Local 21, AFL-CIO (hereinafter ‘Union) regarding continuation of administration of the COBRA Supplement Fund.
RECITALS On July 20, 2009, the City and the Union entered into a Side Letter Regarding COBRA Supplement Fund. Pursuant to that agreement, the Union agreed to suspend professional development allowances for Fiscal Years 2009-10 and 2010 – 11 in return for the establishment of a fund to provide laid off represented employees reimbursement for the cost of purchasing continuation medical coverage under the Comprehensive Omnibus Budget Reconciliation Act of 1986 (COBRA). The Side Letter was subsequently extended through June 30, 2013. The City and Union now desire to extend the Side Letter through June 30, 2015. The Side Letter provides that “any funds remaining in the Fund upon the expiration of this MOU shall be used solely for the benefit of represented employees in a manner to be mutually agreed upon by the City and the Union.” The City and Union have mutually agreed to continue administration of the program, using the funds remaining in the COBRA Supplement Fund, as set forth below.
AGREEMENT
Continuation of Fund All funds remaining in the COBRA Supplement Fund as of June 30, 2013 shall be carried forward into Fiscal Year 2013-15. Use of Fund The Fund shall be used solely to reimburse represented employees laid off on or after July 1, 2009 for the cost of purchasing continuation of health insurance under the provisions of the Comprehensive Omnibus Budget Reconciliation Act of 1986 (COBRA). The City shall reimburse laid off represented employees for the full cost of COBRA continuation health coverage, not to exceed one hundred percent (100%) of the premium cost of the Bay Area Kaiser Permanente family plan. If a laid-off represented employee elects COBRA continuation health coverage that is more expensive than the Bay Area Kaiser Permanente family plan, the represented employee shall pay the additional cost. Reimbursement Process
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Laid off represented employees shall be responsible for payment of premiums directly to the plan provider. Upon receipt of documentation that such payments have been made, City shall reimburse the represented employees within 30 calendar days. Duration of Benefits Payments from the Fund shall continue until the laid off represented employee ceases to be covered by COBRA or the date the Fund is exhausted, whichever occurs first. It is expressly understood that reimbursement shall be made on a first-come-first-serve basis upon time and date stamp of City receipt. The City shall have no liability to make further payments once funds are exhausted. Use of Unspent Funds Any funds remaining in the Fund upon the expiration of the Side Letter shall be used solely for the benefit of the represented employees in a manner to be mutually agreed upon by the City and the Union. Reports Not later than 10 days after the end of each month, the City shall provide the Union with reports on claims submitted, disbursements made and claims rejected during the previous month, in a format mutually agreed upon, with sufficient information for the Union to determine that the City is complying with the provisions of this section. The Union and the City shall work together to monitor the balance in the Fund, and when it appears that the Fund will soon be depleted, the City will provide participants with advance notice sufficient to allow participants to decide whether or not to continue COBRA coverage at their own expense. Implementation The City and Union shall jointly develop any rules or regulations governing the implementation of the Fund. Any claims regarding alleged failure to comply with this agreement shall be brought solely by the Union as a grievance. This side letter shall sunset on June 30, 2015.
